Expert help with dissolution of civil partnership

The end of relationship is often a very traumatic time. The grounds for dissolution of a civil partnership are:

• One year separation with your partner’s consent
• Two year’s separation without your partner’s consent
• Unreasonable behaviour

It is extremely important that all financial matters are agreed or determined before dissolution. These should be narrated in a document known as a Separation Agreement. This allows your dissolution to proceed as undefended and will save on costs. At Johnson Legal Family Law we believe that pursuing a defended action through the Court should always be a last resort and we work hard to avoid it where at all possible.

The first thing we need to do is establish the relevant date, the date the parties ceased living together as civil partners or the date a dissolution action was served, whichever occurs first.   We then must consider partnership property, which covers all the assets and debts acquired by the parties, jointly or individually during the civil partnership but before the relevant date, excluding gifts from a third party or inheritances.

Partnership  property can include savings, life insurance policies, rights under pension schemes, bank accounts, timeshares and debentures. It also includes a house acquired before the civil partnership for use as a family home, as well as its contents, however generally not any other property already owned by either party before the civil partnership.

Scottish Law requires that the division of partnership property should be based on fairness which means that the net asset ‘pot’ is divided equally between the parties unless there is a very good reason for not doing so. Such reasons may include the economic burden of caring after dissolution for a child under 16 or the fact that one party gave up work to look after the other party and/or their children.

Costs and Fixed Fees packages

The cost of a dissolution can run into tens of thousands of pounds depending on the complexity of the matters in dispute. We will always give you a regular indication of the likely fees and the amount of any outlays required in taking the advice from any experts such as actuaries or psychologists.

We are all too aware that sometimes the commercial decision dictates that it is far better to offer your ex-partner slightly more than you would otherwise wish simply to avoid legal fees escalating to the point where there is no winner – apart from the lawyers!

Not all divorces are defended and we can offer a fixed fee package for an undefended divorce where there are children under the age of 16 for £1,400 plus VAT and Court outlays which are £233 (as at July 2022).

Not all dissolutions are defended and we can offer a fixed fee package for an undefended dissolution where there are children under the age of 16 for £1,400 plus VAT and Court outlays which are £233 (as at July 2022).

The simplified dissolution form can be downloaded from the Scottish Courts Website.

We can assist you to complete the application and lodge the papers on your behalf for a fixed fee of £375 plus VAT and the court outlay which is currently £131 (as at July 2022).

We offer a free 10 minute telephone call with one of our solicitors to discuss how we can help.

If I speak to a solicitor does that always result in court?

Frequently asked questions to consider…